Common use of Applicability of Base Indenture Clause in Contracts

Applicability of Base Indenture. For purposes of the Notes, (i) Sections 2.3 through 2.15, inclusive, of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with the corresponding provisions of Article 2; (ii) Articles III and XI of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 5; (iii) Article IV of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 4; (iv) Article V of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 7; (v) Article VI of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 8; (vi) Article VIII of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 10; (vii) Article IX of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 9; (viii) Section 7.5 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 8.12; (ix) Article VII (except for Section 7.5, as amended herein) of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 12; and (x) Sections 10.1, 10.2, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9, 10.10, 10.11, 10.12, 10.13 and 10.14 will not apply to the Notes and will instead be deemed to be replaced with Sections 14.17, 14.01, 14.02, 14.03, 14.04, 2.05(C), 14.05, 14.14, 14.06, 14.08, 14.09, 14.13 and 14.15, respectively. Each reference in the Base Indenture to any Articles or Sections of the Base Indenture referred to in the preceding clauses (i) through (x), inclusive, of this Section 1.04(B) will, for purposes of the Notes, be deemed instead to be a reference to the respective Articles and Sections (or corresponding part of the respective Articles or Sections) of this Supplemental Indenture referred to in such clauses.

Appears in 3 contracts

Samples: Eighth Supplemental Indenture (Tellurian Inc. /De/), Ninth Supplemental Indenture (Tellurian Inc. /De/), Securities Purchase Agreement (Tellurian Inc. /De/)

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Applicability of Base Indenture. For Without limiting Section 1.04(A), for purposes of the Notes,: (i) Section 312 of the Base Indenture will not apply to the Notes; (ii) Sections 2.3 through 2.15402, inclusive, 403 and 404 of the Base Indenture will not apply to the Notes; (iii) Sections 302 and 311 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with the corresponding provisions Section 2.01 and Section 2.10 of Article 2this Supplemental Indenture; (iiiv) Articles III Section 303 of the Base Indenture will not apply to the Notes and XI will instead be deemed to be replaced with Section 2.02(A) and Section 2.02(B) of this Supplemental Indenture; (v) Section 1001 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 2.04; (vi) Section 1002 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 2.06 and Section 2.07 of this Supplemental Indenture; (vii) Section 701 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 2.08 of this Supplemental Indenture (viii) Section 305 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 2.10 and Section 2.11 of this Supplemental Indenture; (ix) Section 306 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 2.12 of this Supplemental Indenture; (x) Section 309 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 2.14 of this Supplemental Indenture; (xi) Section 304 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 2.16 of this Supplemental Indenture; (xii) The definition of “Outstanding” in Section 101 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 2.17 and Section 2.15 of this Supplemental Indenture; (xiii) Section 310 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 2.05(A) of this Supplemental Indenture; (xiv) Section 307(b) of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 2.05(B) of this Supplemental Indenture; (xv) Section 704 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 3.02 of this Supplemental Indenture; (xvi) Section 1004 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 3.03 of this Supplemental Indenture; (xvii) Section 515 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 3.04 of this Supplemental Indenture; (xviii) Article 12 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 4.02 of this Supplemental Indenture; (xix) Article 11 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 4.03 of this Supplemental Indenture; (xx) Article 8 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 56 of this Supplemental Indenture; (iiixxi) Article IV of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 4; (iv) Article V 5 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 7; (vxxii) Article VI 9 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 88 of this Supplemental Indenture; (vixxiii) Article VIII Sections 401, 405 and 406 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 109 of this Supplemental Indenture; (viixxiv) Article IX 6 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 910 of this Supplemental Indenture; (viiixxv) Section 7.5 Sections 105 and 106 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 8.1211.01 of this Supplemental Indenture; (ixxxvi) Article VII (except for Section 7.5, as amended herein) Sections 102 and 103 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 12; andSection 11.02 and Section 11.03 of this Supplemental Indenture; (xxxvii) Sections 10.1, 10.2, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9, 10.10, 10.11, 10.12, 10.13 and 10.14 Section 114 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Sections 14.17, 14.01, 14.02, 14.03, 14.04, Section 11.04 of this Supplemental Indenture; (xxviii) Section 115 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 11.05 of this Supplemental Indenture; (xxix) Section 112 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 11.06 of this Supplemental Indenture; (xxx) Section 110 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 11.13 of this Supplemental Indenture; and (xxxi) Section 113 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 2.05(C), 14.05, 14.14, 14.06, 14.08, 14.09, 14.13 and 14.15, respectively) of this Supplemental Indenture. Each reference in the Base Indenture to any Articles or Sections (or part of any Articles or Sections) of the Base Indenture referred to in the preceding clauses (i) through (x), inclusive, of this Section 1.04(B) will, for purposes of the Notes, be deemed instead to be a reference to the respective Articles and Sections (or corresponding part of the respective Articles or Sections) of this Supplemental Indenture referred to in such clausesthe preceding clauses of this Section 1.04(B).

Appears in 1 contract

Samples: First Supplemental Indenture (Nikola Corp)

Applicability of Base Indenture. For Without limiting Section 1.04(A), for purposes of the Notes,: (i) Sections 2.3 through 2.15, inclusive, of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with the corresponding provisions of Article 2; (ii) Articles III and XI II of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 52 of this Supplemental Indenture; (ii) Section 4.2 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 3.02 of this Supplemental Indenture; (iii) Section 4.3 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 3.03 of this Supplemental Indenture; (iv) Section 4.4 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 3.04 of this Supplemental Indenture; (v) Article IV III of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 4.03 of this Supplemental Indenture; (vi) Article V of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 46 of this Supplemental Indenture; (ivvii) Article V VI of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 7; (vviii) Article VI IX of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 88 of this Supplemental Indenture; (viix) Article VIII of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 1010 of this Supplemental Indenture; (viix) Article IX VII of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 911 of this Supplemental Indenture; (viii) Section 7.5 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 8.12; (ixxi) Article VII (except for Section 7.5, as amended herein) X of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 1212 of this Supplemental Indenture; and (x) Sections 10.1, 10.2, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9, 10.10, 10.11, 10.12, 10.13 and 10.14 will not apply to the Notes and will instead be deemed to be replaced with Sections 14.17, 14.01, 14.02, 14.03, 14.04, 2.05(C), 14.05, 14.14, 14.06, 14.08, 14.09, 14.13 and 14.15, respectively. Each reference in the Base Indenture to any Articles or Sections (or part of any Articles or Sections) of the Base Indenture referred to in the preceding clauses (i) through (x), inclusive, of this Section 1.04(B) will, for purposes of the Notes, be deemed instead to be a reference to the respective Articles and Sections (or corresponding part of the respective Articles or Sections) of this Supplemental Indenture referred to in such clausesthe preceding clauses of this Section 1.04(B).

Appears in 1 contract

Samples: First Supplemental Indenture (Centennial Resource Development, Inc.)

Applicability of Base Indenture. For purposes of the Notes, (i) Sections 2.3 through 2.15, inclusive, of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with the corresponding provisions of Article 2; (ii) Articles III and XI of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 54; (iii) Article IV of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 43; (iv) Article V of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 76; (v) Article VI of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 87; (vi) Article VIII of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 109; (vii) Article IX of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 98; (viii) Section 7.5 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 8.127.12; (ix) Article VII (except for Section 7.5, as amended herein) of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 12; and (x) Sections 10.1, 10.2, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9, 10.10, 10.11, 10.12, 10.13 and 10.14 will not apply to the Notes and will instead be deemed to be replaced with Sections 14.1713.17, 14.0113.01, 14.0213.02, 14.0313.03, 14.0413.04, 2.05(C), 14.0513.05, 14.1413.14, 14.0613.06, 14.0813.08, 14.0913.09, 14.13 13.13 and 14.1513.15, respectively. Each reference in the Base Indenture to any Articles or Sections of the Base Indenture referred to in the preceding clauses (i) through (x), inclusive, of this Section 1.04(B) will, for purposes of the Notes, be deemed instead to be a reference to the respective Articles and Sections (or corresponding part of the respective Articles or Sections) of this Supplemental Indenture referred to in such clauses.

Appears in 1 contract

Samples: First Supplemental Indenture (Tellurian Inc. /De/)

Applicability of Base Indenture. For purposes of the Notes, (i) Sections 2.3 through 2.15, inclusive, of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with the corresponding provisions of Article 2; (ii) Articles III and XI of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 54; (iii) Article IV Sections 4.1 through 4.5, inclusive, of the of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with the corresponding provisions of Article 43; (iv) Article V of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 76; (v) Article VI of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 87; (vi) Article VIII of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 109; (vii) Article IX of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 98; (viii) Section 7.5 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 8.12; (ix) Article VII (except for Section 7.5, as amended herein) of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 127.13; and (xix) Sections 10.1, 10.2, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9, 10.10, 10.11, 10.12, 10.13 and 10.14 10.17 will not apply to the Notes and will instead be deemed to be replaced with Sections 14.1710.17, 14.0110.01, 14.0210.02, 14.0310.03, 14.0410.04, 2.05(C), 14.0510.08, 14.1410.09, 14.0610.13, 14.08, 14.09, 14.13 and 14.1510.10, respectively. Each reference in the Base Indenture to any Articles or Sections of the Base Indenture referred to in the preceding clauses (i) through (xix), inclusive, of this Section 1.04(B) will, for purposes of the Notes, be deemed instead to be a reference to the respective Articles and Sections (or corresponding part of the respective Articles or Sections) of this Supplemental Indenture referred to in such clauses.

Appears in 1 contract

Samples: Second Supplemental Indenture (Spirit Airlines, Inc.)

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Applicability of Base Indenture. For purposes of the Notes,, each of: (i) Sections 2.3 through 2.15, inclusive, of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with the corresponding provisions of Article 2; (ii) Articles Article III and XI of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 5; (iii) Article IV of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 4; (iii) Sections 4.1 through 4.4, inclusive, of the of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with the corresponding provisions of Article 3; (iv) Article V of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 76; (v) Article VI of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 87; (vi) Article VIII of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 109; (vii) Article IX of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 98; (viii) Section 7.5 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 8.127.13; (ix) Article VII Sections 10.1, 10.2, 10.4, 10.5, 10.6, 10.7, 10.11, 10.12, 10.13 and 10.17 will not apply to the Notes and will instead be deemed to be replaced with Sections 10.17, 10.01, 10.02, 10.03, 10.04, 2.05(C), 10.08, 10.09, 10.13 and 10.10, respectively; and (except for x) Section 7.5, as amended herein) 10.8 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 12; and (x) Sections 10.1, 10.2, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9, 10.10, 10.11, 10.12, 10.13 and 10.14 will not apply to the Notes and will instead be deemed to be replaced with Sections 14.17, 14.01, 14.02, 14.03, 14.04, 2.05(C), 14.05, 14.14, 14.06, 14.08, 14.09, 14.13 and 14.15, respectivelySection 10.05. Each reference in the Base Indenture to any Articles or Sections of the Base Indenture referred to in the preceding clauses (i) through (xix), inclusive, of this Section 1.04(B) will, for purposes of the Notes, be deemed instead to be a reference to the respective Articles and Sections (or corresponding part of the respective Articles or Sections) of this Supplemental Indenture referred to in such clauses.

Appears in 1 contract

Samples: First Supplemental Indenture (Gossamer Bio, Inc.)

Applicability of Base Indenture. For purposes of the Notes,, each of: (i) Sections 2.3 through 2.15, inclusive, of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with the corresponding provisions of Article 2; (ii) Articles III and XI of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 54; (iii) Article IV Sections 4.1 through 4.4, inclusive, of the of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with the corresponding provisions of Article 43; (iv) Article V of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 76; (v) Article VI of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 87; (vi) Article VIII of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 10; (vii) Article IX of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 98; (viii) Section 7.5 of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Section 8.12; (ix) Article VII (except for Section 7.5, as amended herein) of the Base Indenture will not apply to the Notes and will instead be deemed to be replaced with Article 127.13; and (xix) Sections 10.1, 10.2, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9, 10.10, 10.11, 10.12, 10.13 10.13, 10.17 and 10.14 10.18 will not apply to the Notes and will instead be deemed to be replaced with Sections 14.1711.17, 14.0111.01, 14.0211.02, 14.0311.03, 14.0411.04, 2.05(C), 14.0511.05 and 11.14, 14.1411.08, 14.0611.09, 14.0811.13, 14.09, 14.13 11.10 and 14.15, respectively. Each reference in the Base Indenture to any Articles or Sections of the Base Indenture referred to in the preceding clauses (i) through (x), inclusive, of this Section 1.04(B) will, for purposes of the Notes, be deemed instead to be a reference to the respective Articles and Sections (or corresponding part of the respective Articles or Sections) of this Supplemental Indenture referred to in such clauses.11.11

Appears in 1 contract

Samples: First Supplemental Indenture (American Airlines, Inc.)

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